What to do when Disaster Strikes your watershed

Virginia's Water Quality

What to do when disaster strikes your watershed

When you see something that you think is trouble, often it is hard to know what to do! The purpose of this section is to outline the process necessary to identify the problem and determine a course of action. A blank worksheet of the questions to ask can be found in Appendix B for other problems you might see in your watershed. If you encounter something amiss in your watershed, you should try to fill out the blank worksheet as completely as possibly before calling the appropriate agency to ask for action to be taken. The employee at the other end of the line will appreciate your thoroughness and interest.

For each scenario listed, the following will be reviewed:

Is there a problem – can they do that? What is the harm to the stream? What exactly do you see occurring? What laws, rules, or regulations apply? Who do you call? What do you tell them?

Is there a problem – can they do that?
You see trees that are right beside the stream being removed. You know that streams should have a good riparian buffer to reduce the nonpoint source pollution and help stabilize stream banks. Can people remove trees from beside the stream?
What's the harm to the stream?
Increased nutrients and toxins to the stream – A stream side buffer of a wide variety of vegetation (trees and shrubs) can remove nutrients and toxins from waters before they enter a stream or river.
Thermal gradient changes – The removal of trees and other vegetation beside the stream removes the overhead “canopy” that helps to regulate the streams temperature and prevent “overheating” of the stream from the bright sunshine.
Increased sedimentation – A stream side buffer of a wide variety of vegetation (trees and shrubs) helps to reduce the energy of overland flow of water that causes excessive erosion. When trees and shrubs are removed from the stream banks out over the streams flood plain, this important function of “slowing down” the overland flow is diminished.

What exactly do you see going on?
Do you see something that looks like a logging operation? Does it appears to be a large-scale operation and there are no signs of housing construction; no typical home construction vehicles, no building raw materials, no signs for “new housing construction”? This activity may be a silviculture or logging activity.
Do you see activity that looks like it is associated with a large scale housing construction (perhaps a subdivision) or a commercial development? Do you see other evidence of home construction, contractor's vehicles, building raw materials, signs for “new housing” or advertising commercial space for lease? This activity may be a construction activity.
Do you see activity that looks like it might be associated with construction of a single family dwelling? This activity may be a construction activity
Do you see activity that looks like it might be associated with a farming operation?
Do you see one or two trees being removed from an area within 100' of the stream bank. It looks like the homeowner is doing some maintenance to the property.
What laws, rules, and regulations apply and who do you call?
In general, for near-stream removal of vegetation, especially on a large scale, best management practices to reduce sedimentation inputs into the stream are recommended.
If the operation is a logging operation, then the laws associated with Silviculture apply. Call your local forestry office. For a listing of these offices see Appendix 5.
If the operation is housing construction, erosion and sediment control laws apply. In addition, your locality may have additional zoning laws that pertain to housing construction, stormwater or erosion and sediment control requirements, or stream protection ordinances. If your localities is located east of I-95, the Chesapeake Bay Preservation Act also applies. Call your local zoning department for this type of operation.
If the operation looks like it associated with a farming operation, then the Agricultural Stewardship Act applies. Call your local Soil and Water Conservation District or the Virginia Department of Agriculture and Consumer Affairs. See Appendix 5 for contact information.
If it looks like it is just a homeowner conducting maintenance, you may want to call your local zoning department to see if there are additional stream protection measures the locality has regarding tree removal within a stream corridor.
Call your local zoning department if you cannot tell what kind of activity is occurring!
What do you tell them?
Identify the nature of the problem, explain the problem simply. Use the worksheet as a guide. Be prepared to provide information on the following: how many trees are being removed? Is there construction equipment on-site? If the operation is associated with construction, try to determine what type of development: subdivision, single family house, commercial or industrial. It also helps to identify how much area is being disturbed – both the space along the stream bank and the width of the disruption. Are silt fences being used to protect the stream from the activity? Are the silt fences in good repair and functioning? If you cannot determine what type of operation is occurring, contact your local zoning department.

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Is there a problem – can they do that?
You see a pipe in stream that appears to be active (although it may not be actively flowing at the time of observation.)
What's the harm to the stream?
It is unknown what the harm is to the stream. The pipe could simply be a pipe from a house's gutter system, it could be a sewer overflow pipe, it could be from a factory. Regardless of the source, it may be introducing toxins, nutrients, or other substances into the stream. It could also be providing a “burst” of energy that may cause erosion, especially at the point of entry.
What exactly do you see going on?
For this problem, first you need to describe the type of pipe. Is it a black corrugated pipe like is used in a home's drainage system? Is it a smaller, white “plumber's” pipe that is used for washing machines or other plumbing needs within a home? Is the pipe concrete and much, much larger?
It will also help to identify the flow coming out of the pipe. Is it continuously running with discharge, or does the pipe only flow during or right after a rain event, or does water just come out periodically? Is their toilet paper coming out with the “water”? Is the “water” from the pipe foamy, or is it foamy when the “water” from the pipe enter the stream. Is the water from the pipe a strange color or smell?

It will also help to identify the local land use to determine what the pipe might be doing. Are you in a primarily residential area, with houses nearby? Are you in a commercial area or an another type of area with a lot of parking lot or other impervious surface?
Are you near a factory or other type of industry?
What laws, rules, and regulations apply? What agency or department do you call about this threat?
You cannot dump anything into a stream, lake, or river without a permit! The National Pollutant Discharge Elimination System (NPDES) and the Virginia Pollution Discharge Elimination System (VPDES) apply.
If the pipe appears to be from an industrial facility and is has a continuous flow, it is likely “permitted” to be there and “permitted” to discharge into a stream. You can contact the regional office of the Department of Environmental Quality to be sure. You can also see permitted facilities online at http://www.epa.gov/enviro/index.html or through the Virginia Department of Environmental Quality's homepage at http://gisweb.deq.virginia.gov

If the pipe appears to be from an industrial facility and is does not have a continuous flow (flows mainly after rain events), it may be a part of the facility's stormwater management system. You should check with the regional office of the Department of Environmental Quality to insure that this facility is complying their stormwater requirements.

If the pipe appears to be from a commercial facility and is does not have a continuous flow (flows mainly after rain events), it may be a part of your locality's stormwater management system. You should check with the public works department of your locality to check about this pipe.
If the pipe appears to be from a house and flows mainly after rain events, it could be part of the house's drainage system. This may seem benign, but no pipe should drain directly to a stream unless it has a permit! You should check with your local public works department to let them know about this pipe. Most localities prohibit this type of illicit discharge.
If the pipe appears to be from a house and has intermittent flows that do not seem related to a rain event, the pipe could be a drainage from the house's plumbing system (most likely a washing machine). This pipe should be connected to the home's waste water system (either public sewer or onsite drainfield). If the area has public water and sewer, contact the local public works department. If the area does not have public water and sewer, contact your local health department, which oversees the installation and maintenance of onsite drainfields.
What do you tell them?
When calling about this pipe, follow the outline of this worksheet. Describe the pipe in detail, what it looks like, what color the pipe is, does it flow continuously or is the flow intermittent, what does the discharge look like, where in the stream is the pipe located (be specific so that someone could drive to the exact location), what is the surrounding area like (residential, commercial, etc.)

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Is there a problem – can they do that?

You are near a stream or river and notice a large number of dead fish in the stream.

What's the harm to the stream?
If there is a large number of dead fish in a stream or river, there is some sort of toxin in the water that is causing the fish to become stressed or die. A wide variety of things may cause a fish kill: pesticide or herbicide applications, low dissolved oxygen as a result of an algae bloom, disease or parasites.
What exactly do you see going on?
Identify how many fish, what kind of fish (if known), the size of fish, where they are located in the stream, any unusual smell around the stream, any other unusual item around the stream such as debris, barrels, or other source of toxins.
What laws, rules, and regulations apply?
Virginia's water quality standards outline that Virginia's streams and rivers be “fishable and swimmable”. A fish kill indicates that a stream is not fishable, and thus impaired. The Department of Environmental Quality takes immediate action to find the cause for reported fish kills.

Who do you call?
During business hours, call the regional Department of Environmental Quality office. After normal business hours call the Virginia Department of Emergency Management at 800-468-8892. If you see a spill occurring at the same time (such as an overturned tanker truck), call 911 to alert the appropriate authorities.
What do you tell them?
Identify how many fish, what kind of fish (if known), the size of fish, where they are located in the stream, any unusual smell around the stream, any other unusual item around the stream such as debris, barrels, or other source of toxins.

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Is there a problem – can they do that?
You notice that a large construction site has silt fences in place, but they are in disrepair or have been “breached”.
What's the harm to the stream?
A properly functioning silt fence can reduce the amount of nutrients and toxins to the stream introduced by overland flow.
A properly functioning silt fence can help reduce the energy of overland flow of water that causes excessive erosion. Erosion of the stream bank introduces sediment into a stream. Too much sediment can change the shape of streambeds, smother feeding and nursery areas of aquatic animals, and carries other pollutants into the water.

What laws, rules, and regulations apply?
Erosion and Sediment Control laws as well as Stormwater Management laws may apply to the construction site.
Who do you call?
Call your locality's Zoning Department or Department of Public Works. Ask them which department manages erosion and sediment control permits.
What do you tell them?
Identify the nature of the problem, explain the problem simply. Use the worksheet as a guide. Be prepared to provide information on the following: exact location of the construction site, the name of developer (if you see a sign with that name), exact location of the silt fences in question (don't just say “All of them”, be helpful in describing the location of the problematic silt fences), whether or not the site is active (are work crews currently out there), did you see any sedimentation in the local stream (don't trespass in order to determine this!).

Following up
If it doesn't look like the locality or the developer is taking any action to repair the fences, you should contact the regional Department of Conservation and Recreation see Section 5 for a listing of these.

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Is there a problem – can they do that?
You see someone dumping something in the stream
What's the harm to the stream?
It is unknown what the harm is to the stream. Generally speaking, unless they are dumping stream water back into the stream, the mere fact that they are dumping something means it is something that is not wanted. Therefore, it is likely to be something that could harm the stream's water quality
What exactly do you see going on?
How much is being dumped into the stream – a bucketful or a dump truck? Is it someone that is cleaning up their campsite and using the stream as their trash can? Do you see a commercial vehicle near the stream that is transporting the material that is being dumped. What is the nature of the material being dumped? Is it a liquid or solid? Does it have a particular color? Is the person dumping the material wearing protective gear such as gloves? Can you see anything happening in the stream where the material is being dumped? Is the stream changing color? Is there an odor? Are there fish dying? Is any vegetation that came in contact with the material turning brown?
What laws, rules, and regulations apply?
As mentioned earlier, you cannot dump anything into a stream, lake, or river without a permit! The National Pollutant Discharge Elimination System (NPDES) and the Virginia Pollution Discharge Elimination System (VPDES) apply.
Who do you call?
The right person and the first person to call is the Regional office of the Department of Environmental Quality. The section you want to talk to is the “PREP” section, Pollution Response Program. Because the person you are making a report to may be located several hours away from the pollution site, ask the PREP contact if you can or should call someone in you locality also. Dumping things into a stream is an illegal activity and if you witness someone doing this, you could be in danger yourself. Make sure you consider your own safety first. Do not attempt to confront the person dumping the materials yourself!
What do you tell them?
Identify the nature of the problem, explain the problem simply. Use the worksheet as a guide. Be prepared to provide information on the following: exact location of the pollution event, a description of what you see happening, a description of the person dumping the materials, a description of any vehicle you see associated with the illegal activity.

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Is there a problem – can they do that?
The stream is an unusual color
What's the harm to the stream?
It is unknown what the harm is to the stream. The color may be a part of a natural process or it may be associated with an input into the stream system.
What exactly do you see going on?
What colors do you see? What color is the stream normally? Is the discoloration widespread or is it just in one place. If the discoloration is just in one place, do you see an obvious source of the discoloration (a pipe or silt fence)? Is there also a smell with the discoloration?
What laws, rules, and regulations apply?
Virginia's water quality standards outline that Virginia's streams and rivers be “fishable and swimmable”. Some discolorations may indicate a pollution source to the stream's fish community, and thus impaired. The discoloration may also be due to stormwater or inadequate erosion and sediment control measures. For this problem, erosion and sediment control laws and/or stormwater programs would apply.

Who do you call?
If the discoloration is brown, tea-like and the stream is in a wooded area, the discoloration is likely being caused by the tanins within the leaves and is a natural occurrence. There is no need to inform any authorities.
If the discoloration is white, cloudy, or brown with sediment, there is likely to be an erosion and sediment control problem upstream. Contact the department within your locality that implements the erosion and sediment control program
If the discoloration is black, milky, gray, and smells, it may be associated with a leaking sewer system or illicit discharge from a house. Contact the your local Department of Public Works.
If the discoloration is a rainbow sheen it could be natural in occurrence or it could be oil. To tell the difference, trail a small stick or leave through the film. If the filmy sheen breaks apart, it is a natural occurence of bacteria. If the film swirls together, it is likely a petroleum discharge. Small amounts of petroleum discharge are likely the result of overland flow. Contact your public works department to find out about stormwater management in the area of the stream. If there is a large amount of petroleum discharge call the Regional Department of Environmental Quality's Pollution Response Program. If you see the discharge after business hours, call the Virginia Department of Emergency Management.
What do you tell them?

Identify the nature of the problem, explain the problem simply. Use the worksheet as a guide. Be prepared to provide information on the following: exact location of the discoloration in the stream, the extent of the discoloration, is there an odor associated with the discoloration, is there any dead vegetation or fish in or around the stream.

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